Case Number: TUR1/632/[2008]

30 May 2008

 

 

CENTRAL ARBITRATION COMMITTEE

 

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

 

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

 

DECLARATION OF RECOGNITION WITHOUT A BALLOT

 

 

The Parties:

 

Unite the Union

 

 

and

 

 

Synergy Healthcare

 

 

Introduction

 

1.         Unite the Union (the Union) submitted an application to the CAC on 28 April 2008 that it should be recognised for collective bargaining by Synergy Healthcare (the Employer) for a bargaining unit comprising “…what the Employer classes as Blue Collar workers, which includes drivers, stores, cleaning room, production operatives, despatch workers and team leaders” employed at the Employer’s premises in Mallard Way, Strathclyde Business Park, Bellshill, Lanarkshire.  The CAC gave the parties notice of receipt of the application on 29 April 2008.  The Employer submitted a response to the application on 8 May 2008 which was duly copied to the Union.

 

2.         In accordance with section 263 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act), the CAC Chairman established a Panel to deal with the case.  The Panel consisted of Mr Chris Chapman, Chairman of the Panel, and, as Members, Mr David Crowe and Mr Paul Gates.  The Case Manager appointed to support the Panel was Nigel Cookson.

 

3.         By a decision dated 16 May 2008 the Panel accepted the Union’s application.  As the Employer had confirmed that the parties had agreed the bargaining prior to the Union’s application being submitted to the CAC, the Panel instructed the Case Manager to ascertain whether the Union claimed that it had a majority of the workers in the bargaining unit as its members and, if so, to seek the parties’ views with regard to whether or not a ballot should be held. 

 

Issues

 

4.         Paragraph 22(2) of Schedule A1 to the Act (the Schedule) requires the CAC to issue a declaration that a union is recognised as entitled to conduct collective bargaining on behalf of a group of workers constituting the bargaining unit if it is satisfied that a majority of the workers constituting the bargaining unit are members of the applicant union, unless any of the three qualifying conditions set out in Paragraph 22(4) are fulfilled.  If any of these conditions are met, or the CAC is not satisfied that a majority of workers in the bargaining unit are members of the applicant union, the CAC must give notice to the parties that it intends to arrange for a secret ballot to be held.  The qualifying conditions in paragraph 22(4) are as follows:

 

i) the CAC is satisfied there should be a ballot in the interests of good industrial relations;

 

ii) that the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union (or unions) to conduct collective bargaining on their behalf;

 

iii) membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of union members within the bargaining unit want the union to conduct collective bargaining on their behalf.

 

 

 

The parties’ submissions

 

5.         In a letter dated 20 May 2008 the Union stated that its current records showed there were 30 members paying contributions through their bank accounts and it therefore contended that it had 75% of the bargaining unit in membership.  This firmly satisfied the statutory requirement and accordingly the Union believed that recognition should be granted without recourse to a ballot.  The Union’s letter was copied to the Employer and its comments sought on both the claim to majority membership and the three qualifying conditions as set out above.  In an email dated 29 May 2008 the Employer said that, as Acas had audited the claimed membership against the Employer’s compliment of staff, it had no reason to doubt the membership numbers claimed by the Union.  In addition, the Employer had no evidence to suggest that any of the members did not wish the Union to represent them.

 

Considerations

 

6.         The Act requires the Panel to consider whether it is satisfied that the majority of the workers in the bargaining unit are union members.  If the Panel is satisfied that the majority of the bargaining unit are union members, it must then decide if any of the three conditions in paragraph 22(4) are fulfilled.  If the Panel considers any of them are fulfilled it must give notice to the parties that it intends to arrange for the holding of a secret ballot.

 

7.         In its application the Union said that 30 out of the 40 workers in the bargaining unit were in membership and the Employer, when given the opportunity to challenge this claim, did not dispute the Union’s figures.  When invited to submit whether it claimed majority membership the Union confirmed that the level of membership remained at 75%.  The Employer, when invited to comment on the Union’s claim to majority membership said that it had no reason to doubt the accuracy of the Union’s figures.  Accordingly, in the absence of any evidence to the contrary, the Panel is satisfied that the majority of the workers in the bargaining unit are Union members.

 

8.         Paragraph 22(4)(a) requires the CAC to order a secret ballot even when there is majority Union membership in the bargaining unit where it is satisfied that to do so would be in the interests of good industrial relations.  No evidence has been received that would persuade the Panel that this is the case.  The Panel is therefore satisfied that the qualifying condition under paragraph 22(4)(a) has not been met.

 

9.         Paragraph 22(4)(b) requires the CAC to order a ballot when it has received evidence, which it considers to be credible, that a significant number of union members within the bargaining unit do not want the Union to conduct collective bargaining on their behalf.  No such evidence has been received by the CAC and the Panel is therefore satisfied that this condition is not met.     

 

10.       Paragraph 22(4)(c) requires the Panel to order a secret ballot where membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the Union to conduct collective bargaining on their behalf.  No such membership evidence has been produced.  The Panel is therefore satisfied that this condition is not met.

 

Declaration

 

11.       The Panel is satisfied in accordance with paragraph 22(2) of the Schedule that the majority of the workers in the bargaining unit are members of the Union.  Additionally, the Panel is satisfied that none of the conditions in paragraph 22(4) of the Schedule are met.  The CAC accordingly declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit, namely “…what the Employer classes as Blue Collar workers, which includes drivers, stores, cleaning room, production operatives, despatch workers and team leaders” employed at the Employer’s premises in Mallard Way, Strathclyde Business Park, Bellshill, Lanarkshire. 

 

Panel

 

Mr Chris Chapman, Chairman

Mr David Crowe

Mr Paul Gates

 

30 May 2008